2021 Oregon Revised Statutes
Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites
Section 358.495 - Notice of approval or disapproval; certification and plaque; review, hearing and final order.


(b) An application not denied on or before July 1 pursuant to paragraph (a) of this subsection is deemed approved, and the property that is the subject of the application is historic property that qualifies under ORS 358.487 to 358.543.
(2) If the State Historic Preservation Officer determines that the historic property qualifies under ORS 358.487 to 358.543, the officer shall, not later than July 1 of the tax year for which the property is first certified for historic property special assessment:
(a) Notify the local landmark commission that the property is certified.
(b) Certify the property’s qualification in writing and file a copy of the certificate with the county assessor and the governing body. The certificate shall state the facts and list any condition on which the approval is based.
(c) Record a notice with the county clerk in the county in which the certified historic property is located stating that the property is certified for historic property special assessment.
(d) Provide the owner of the property with a plaque. The owner shall install the plaque on the property in a location that is visible from a public right of way.
(3) The county assessor shall assess historic property certified under this section on the basis provided in ORS 358.505, and each year the historic property is classified and assessed under ORS 358.505 shall enter on the assessment and tax roll that the property is being specially assessed as historic property and is subject to potential additional taxes as provided in ORS 358.525 by adding the notation "historic property (potential additional tax)."
(4) If the State Historic Preservation Officer determines that the property does not qualify for classification and assessment under ORS 358.487 to 358.543, the State Historic Preservation Officer shall give written notice of the denial to the applicant. The notice shall state the reasons for the denial.
(5)(a) Any owner, governing body or county assessor affected by a determination of the State Historic Preservation Officer made under ORS 358.487 to 358.543 may request review of the determination:
(A) Pursuant to an appeal process established by the local governing body, if any; or
(B) By the Historic Assessment Review Committee.
(b) After the review described in paragraph (a) of this subsection, any party may request a contested case hearing of the decision according to the provisions of ORS chapter 183. The administrative law judge presiding at the contested case hearing shall determine the final order in the case. [1975 c.514 §5; 1983 c.720 §5; 1995 c.5 §8; 1995 c.693 §5; 1997 c.541 §428; 2001 c.540 §6; 2003 c.75 §87; 2009 c.892 §5]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 09 - Education and Culture

Chapter 358 - Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites

Section 358.018 - Duties of Oregon Historical Society.

Section 358.035 - Oregon Historic Families database; duties of State Archivist.

Section 358.045 - Oregon Trail; comprehensive program for development.

Section 358.055 - Oregon Trail; promotion as major tourist attraction.

Section 358.057 - Value and significance of state historic trails.

Section 358.171 - Election to establish county historical fund.

Section 358.180 - Tax levy for county historical fund; limitation.

Section 358.310 - Definitions for ORS 358.310 to 358.405.

Section 358.315 - General authority of cities regarding public museums.

Section 358.320 - Museum commission.

Section 358.330 - Chairperson and secretary of commission; duties of commission regarding records, rules, reports and budgets.

Section 358.345 - Authority of city to establish and operate public museum.

Section 358.355 - Acquisition of site and structure for museum.

Section 358.360 - Duties of museum commission respecting establishment of museum.

Section 358.365 - Duties of museum commission respecting operation of museum.

Section 358.375 - Issuance of bonds to acquire museum site and structure.

Section 358.415 - Definitions for ORS 358.420 to 358.440.

Section 358.420 - Status of property loaned to a museum; statute of limitations on recovery.

Section 358.425 - Notice of termination of loan; content.

Section 358.430 - Procedure for giving notice; responsibility of owner.

Section 358.442 - Definitions for ORS 358.442 to 358.474.

Section 358.444 - Creation of heritage district.

Section 358.446 - Formation of multicounty heritage district.

Section 358.448 - Heritage district board.

Section 358.450 - Election of first heritage district board.

Section 358.452 - Election of heritage district board members; initiative and referendum.

Section 358.454 - Result of election at large or by zone; oath of office; vacancy; term of office.

Section 358.456 - Choice of election at large or by zone.

Section 358.458 - Change in method of nominating and electing heritage district board members.

Section 358.460 - Population within boundaries of zones in heritage districts.

Section 358.462 - Filing boundary change with county assessor and Department of Revenue.

Section 358.464 - Duties of heritage district board.

Section 358.466 - Powers of heritage district board.

Section 358.468 - Heritage district tax levy.

Section 358.470 - Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities.

Section 358.472 - Legal counsel for heritage district.

Section 358.474 - Employees’ retirement system.

Section 358.480 - Definitions for ORS 358.480 to 358.545.

Section 358.487 - Application for classification and special assessment as historic property; term of assessment; fee.

Section 358.490 - Review and approval of application; withdrawal; amendment of plan.

Section 358.495 - Notice of approval or disapproval; certification and plaque; review, hearing and final order.

Section 358.499 - Limitations on classification and special assessment as historic property.

Section 358.500 - Reporting requirement; work approval.

Section 358.505 - Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals.

Section 358.511 - Historic Assessment Review Committee.

Section 358.515 - Loss of special assessment; notice.

Section 358.525 - Imposition of additional taxes upon disqualification; exceptions.

Section 358.540 - Requirements for second term of historic property special assessment.

Section 358.541 - City or county prohibition of second term.

Section 358.543 - Assessment of new construction and additions; condominiums.

Section 358.565 - State Historic Preservation Officer.

Section 358.570 - Oregon Heritage Commission; establishment; terms of commission members.

Section 358.575 - Commission membership.

Section 358.580 - Selection of chairperson; quorum; meetings.

Section 358.583 - Purpose and duties of commission relating to museums.

Section 358.585 - Rules.

Section 358.590 - Advisory and technical committees; reimbursement of commission member expenses; solicitation of funds.

Section 358.595 - Coordination of heritage activities; Oregon Heritage Plan; inventory of state cultural properties.

Section 358.600 - Periodic review of certain state archival agencies by commission; joint meetings with agencies.

Section 358.605 - Legislative purpose.

Section 358.612 - Duties of State Historic Preservation Officer.

Section 358.622 - State Advisory Committee on Historic Preservation.

Section 358.635 - Definitions for ORS 358.635 to 358.653.

Section 358.640 - State-owned historic artifacts; catalog; recommendations to state agency; rules.

Section 358.650 - Acceptance of historic artifact as gift to state; custody; finders fees.

Section 358.653 - Conservation program; leases.

Section 358.662 - Definitions for ORS 358.662 to 358.678.

Section 358.664 - Historic Preservation Revolving Loan Fund.

Section 358.666 - Historic Preservation Revolving Loan Fund Review Committee.

Section 358.668 - Historic preservation loans; application and approval process.

Section 358.670 - Loan contract terms and requirements.

Section 358.672 - Lien created when historic preservation loan made; procedure; foreclosure.

Section 358.676 - Rules; fees.

Section 358.680 - Definitions for ORS 358.683 to 358.690.

Section 358.683 - Oregon Property Management Program; rules.

Section 358.685 - Duties of director.

Section 358.687 - Reports.

Section 358.690 - Oregon Property Management Account.

Section 358.820 - Tax levy for municipal orchestras and band.

Section 358.831 - Election to levy tax.

Section 358.880 - Oregon State Museum of Natural History; activities; location; operation; state participation.

Section 358.885 - Lane County matching fund relationship.

Section 358.900 - Oregon State Maritime Museum; functions; participation by Department of Transportation.

Section 358.905 - Definitions for ORS 358.905 to 358.961; interpretation.

Section 358.910 - Policy.

Section 358.920 - Prohibited conduct; exception; penalty.

Section 358.923 - When collection may be held notwithstanding ORS 358.920 (3) and (4).

Section 358.924 - Objects held unlawfully considered contraband; seizure; procedure; disposition of seized objects.

Section 358.925 - Seizure of instrumentalities and proceeds of certain violations; forfeiture; procedure.

Section 358.928 - Alternative method for seizure and forfeiture of instrumentalities and proceeds of certain violations; procedure.

Section 358.937 - Declination to prosecute certain violations; notice required; authority of Attorney General to prosecute; requirement to provide investigatory reports to Commission on Indian Services.

Section 358.940 - Reinterment required; notice to appropriate Indian tribe or Commission on Indian Services.

Section 358.945 - Notice required upon finding of object; exception.

Section 358.950 - When notice to Indian tribe required; report; penalty.

Section 358.953 - Compensation to property owner deprived of lawful use of property; expense of removal.

Section 358.955 - Civil enforcement.